Saturday, May 01, 2021

U.S. Supreme Court Grants Certiorari for New York State Rifle v. Corlett (Carry Permit Case)

On Monday, April 26, 2021, the United States Supreme Court agreed to hear the case of New York Rifle, Et Al. v. Corlett, for the question of whether the denial of applications for carry licenses violate the Second Amendment. From the

  The petitions for writs of certiorari are granted.  


  The petition for a writ of certiorari is granted limited to the following question: Whether the State's denial of petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.

This is the first significant Second Amendment case the court has decided to take, arguably, in a decade. While the court decided to hear a previous New York State Rifle case, it decided the case was made moot before arguments were heard.  Others might argue the Caetano case was important, which while true, it was not as important as a case directly dealing with carry of firearms outside the home.

This New York State Rifle case is primarily about whether a local authority may arbitrarily deny otherwise qualified citizens from obtaining concealed-carry licenses for self defense outside the home. 

Ideological Leftists, Progressives, Cultural Marxists or Woke (all versions of the same unlimited government power ideology), have feared a case such as this for some time. It is why the District of Columbia refused to appeal the Wrenn v. D.C. decision in 2017. 

The make up of the Supreme Court has not changed to favor those who view the Constitution as a "living document". Three originalists and textualists have been appointed to the Supreme Court by President Donald Trump.

On the other hand, Chief Justice Roberts has moved further to the left, often siding with the three far left justices.

The very limited question in this case may be the result of bargaining by Chief Justice Roberts, to insure some form of permit law remains after the decision by the Supreme Court. As the question is limited to whether the denial of a permit is unconstitutional under the Second Amendment, the implication is the permit itself is acceptable. 

As the case will be limited to the question of denial, the court would have room in the future to decide if permits themselves are an infringement.

Leftist on the court seem to be working hard to deny Second Amendment rights through delay, as long as possible. They may hope for a Biden administration to bolster their numbers by packing the Court. They certainly expected reinforcements under a Hillary presidency.

This correspondent has yet to see this case scheduled for oral arguments. It seems likely they would be heard in November of 2021. 

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

No comments: